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(영문) 서울동부지방법원 2015.11.18 2015고단2907
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On September 22, 2015, the Defendant purchased a psychotropic drug c. a psychotropic drug c. in cash at KRW 2.50,00,00 and received approximately KRW 0.2 g of a philopon contained in a single-use injection machine, around September 22, 2015, from the head of Gangnam-gu, Seoul.

Accordingly, the defendant purchased philophones.

2. Medication of phiphones.

A. At around 00:00 on September 10, 2015, the Defendant injected one-time medication ( approximately 0.03 grams) into water in a single-use injection machine, purchased from the Defendant’s dwelling in Soyang-gu, Soyang-gu, Mayang-si, as prescribed in paragraph (1), and then injected into his left part of blood.

B. The Defendant above A.

At around 03:00 on the same day, one-time medication (A. 0.03g) out of the oponphones was injected into one’s left arms bloodline in the same way.

C. The Defendant above A.

At around 07:00 on the same day, one-time medication (A. 0.03g) out of the oponphones was injected into one’s left arms bloodline in the same way.

Accordingly, the Defendant administered philophones over three times.

3. At around 19:00 on September 17, 2015, the Defendant: (a) dilution one-time medication of phiphone in the dwelling of the above Defendant with water 10ml and eightml volume; (b) divided into two disposable injection equipment; and (c) putting the Defendant in the book column inside the Defendant’s room.

Accordingly, the defendant possessed a philophone.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Police seizure records;

1. Application of the Acts and subordinate statutes of an additional response to requests for appraisal, each narcotics appraisal report, investigation report (information on suspect statements and analysis of the contents of currency between C and C);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Suspension of execution;

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